Want the apartment painted? Be prepared to pick up a brush

Question: I want the landlady to paint my apartment. I’ve lived here for four years and believe that state law requires a landlord to repaint every three years. My landlady says she doesn’t have to repaint. Who is right?

Answer: There is no law in California that requires a property owner to repaint after a specific amount of time unless there is a unique condition in your apartment that violates the habitability requirements of the state civil code.

But this doesn’t mean you can’t find some middle ground. For example, you might let the landlady know you are willing to do the labor if she provides the paint and other materials.

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Roommate moves but keeps the keys

Question: After two years of sharing an apartment, my roommate has moved. The rental agreement is now solely in my name. Unfortunately, my roommate will not return his keys. The landlord says this is my problem. Doesn’t the landlord have to give me a new lock?

Answer: Most agreements require return of all keys, including mailbox, laundry or pool. Not requiring that the keys be returned could lead to a safety issue for the next tenant, or you, in this case. Try presenting your safety concerns to the landlord. If he still refuses to replace the locks, you can do so yourself, making sure you save the original lock and give a copy of the new key to the landlord. When you vacate, you can replace the current lock with the original lock.

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Best bet is just not to discriminate

Question: I just bought a small triplex -- my first purchase of rental property. Do I need insurance to protect me in case a tenant claims he or she has been the victim of discrimination?

Answer: Although discrimination coverage is something to keep in mind when purchasing liability insurance, the best use of your time and resources would be to create sound business practices that protect you and your agents from claims of discrimination in the first place.

Most liability insurance policies cover you for damages that result from bodily injury, property damage or personal injury (due to negligence) if caused by an occurrence that the insurance covers. Insurance companies may argue that discrimination claims do not fall under these protections.

Very few courts have addressed the issue of whether discrimination is considered a personal injury. Since you may have a hard time persuading your insurance company to cover you in a discrimination lawsuit, the best thing you can do is to become educated about fair housing laws and make sure your business practices do not leave you vulnerable to claims of housing discrimination.

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Landlord nixes companion pig

Question: Because of a nervous condition, my doctor has approved me for a companion pet. The agency that supplies companion animals has a potbellied pig it needs to place, and I would love to have it. My landlord agrees that I can get a small dog or cat but has denied the pig. Does he have the right to designate the type of animal I get?

Answer: A waiver of a “no pets” policy is a reasonable accommodation for a disabled person who needs an emotional support or companion animal to ease the disability. However, if you are still in the process of obtaining a companion animal and a particular kind of animal is not necessary according to your doctor, it is reasonable for your landlord to establish the types of animals he will allow.

Also, some cities have laws that may regulate or preclude the ownership of certain animals. You will still be able to get a companion animal, but not whichever type you want.

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This column is prepared by Project Sentinel, a rental housing mediation service in Sunnyvale, Calif. Questions may be sent to 1055 Sunnyvale-Saratoga Road, Suite 3, Sunnyvale, CA 94087.